JOHANNESBURG – The Constitutional Court will on Thursday hear an application about whether workers can be fired for singing a struggle song with words "Hit the boers".

Earlier this month, several workers at Duncanmec in Germiston went on an unprotected strike and nine of them were filmed dancing and singing to the song.

When the matter was presented at the Labour Court, it decided that singing the song could not be seen as misconduct and ordered that the workers be reinstated.

But the company sees this as not being firm in dealing with racism and says their relationship has already broken down.

The National Union of Metalworkers of South Africa is representing the workers and spokesperson Phakamile Hlubi-Majola says: “Numsa took up the battle to have our members reinstated and we want their reinstatement through the CCMA and the Labour Court.

“However, the employer is unhappy with the decision. Numsa will be at the Constitutional Court today to defend this decision and to defend our members during the strike.”